EPIC - Electronic Privacy Information Center

EPIC Administrative Procedure Act (APA) Comments

• Comments filed with Federal Agencies |
• Comments filed with State Agencies |
• Comments filed with International Agencies

The Administrative Procedure Act (APA) governs internal procedures of administrative agencies, including how they interact with the public. The APA is codified at 5 U.S.C. §§ 551-559, and encompasses the Freedom of Information Act (FOIA) (5 U.S.C. § 552) and the Privacy Act (5 U.S.C. § 552a). The APA serves to police improper agency behavior, protect public safety, and secure proper entitlements. More information on the APA can be found at EPIC: The Administrative Procedure Act (APA).

Since 1997, EPIC has consistently submitted extensive public comments to federal agencies, pursuant to the APA. EPIC has also submitted administrative comments to state and international administrative agencies. Through these comments, EPIC makes detailed recommendations, grounded in both policy and law, for stronger privacy protection. Below is a list of comments, arranged by agency in reverse chronological order, that EPIC has submitted since 1997.

Comments filed with Federal Agencies

Comments to the Administrative Office of the United States Courts

• EPIC, Comments on Privacy and Public Access to Electronic Case Files (Jan. 26, 2001)

Comments to the Department of Commerce

• EPIC, On the Multistakeholder Process to Develop Consumer Data Privacy Codes of Conduct (Docket No. 120214135-2135-01/RIN 0660-XA27) (April 2, 2012)
• EPIC, Regarding Information Privacy and Innovation in the Internet Economy (Docket No. 101214614-0614-01/RIN 0660- XA22) (Jan. 25, 2011)
• EPIC et al., On the Development and Implementation of Cross-border Privacy Rules in the Asia Pacific Economic Cooperation Group (APEC) (2006)
• EPIC, In the Matter of Digital Entertainment and Rights Managements (July 17, 2002)
• EPIC, Public Comments on Barriers to Electronic Commerce (March 17, 2000)

Comments to the Department of Homeland Security (DHS)

• EPIC, Automated Targeting System Privacy Act System of Records Notice and Privacy Act Notice of Proposed Rulemaking (DHS Docket Nos. 2012-0019, 2012-0020) (June 21, 2012)
• EPIC, Comments on "The Menlo Report: Ethical Principles Guiding Information and Communication Technology Research" (Docket No. DHS-2011-0074)(Feb. 27, 2012)
• EPIC, Regarding a DHS Privacy Act System of Records "Routine Use" Expansion (Docket No.DHS-2011-0094)(Dec. 23, 2011)
• EPIC, Regarding a DHS Privacy Act System of Records "Routine Use" Expansion (Docket No. DHS-2011-0082) (Nov. 28, 2011)
• EPIC et al., NPRM: Implementation of Exemptions; Department of Homeland Security/ALL-030 Use of Terrorist Screening Database System of Records and Notice of Privacy Act System of Records (Docket Nos. DHS-2011-0060, 2011-0061) (Aug. 5, 2011)
• EPIC et al., Records and Information from Department of Motor Vehicles for E-Verify (E-Verify RIDE) (DHS-2011-0030) (June 8, 2011)
• EPIC, Concerning the "Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion System of Records" (DHS Nos. 2010-0052, 2010-0053) (Dec. 15, 2010)
• EPIC, On the National Infrastructure Coordinating Center Records System of Records (DHS Nos. 2010-0086, 2010-0085) (Dec. 15, 2010)
• EPIC, On the "Establishment of Global Entry Program" (Docket No. USCBP-2008-0097) (Jan. 19, 2010)
• EPIC, Concerning the U.S. Citizenship and Immigration Verification Information System Changes (Docket No. DHS-2007-0066) (March 31, 2008)
• EPIC, Regarding the Secure Flight "TSA" passenger prescreening program (Docket Nos. TSA-2007-28972, 2007-28572) (Sept. 24, 2007)
• EPIC, In Response to a Notice of Privacy Act System of Records: U.S. Customs and Border Protection, Automated Targeting System, System of Records and Notice of Proposed Rulemaking: Implementation of Exemptions; Automated Targeting System (Automated Targeting System) (Docket Nos. DHS-2007-0042 AND DHS-2007-0043) (Sept. 5, 2007)
• EPIC, Concerning a Proposed Rule on Documents Required for Travelers Departing From or Arriving in the United States From Within the Western Hemisphere (use of radio frequency identification (RFID) technology (Docket No. USCBP-2007-0061) (Aug. 1, 2007)
• EPIC et al., NPRM: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (Docket No. DHS 2006-0030) (May 8, 2007)
• EPIC, Addressing DHS's Redress and Response System of Records (Docket Nos. DHS 2006-0077 and DHS-2007-0003) (Feb. 20, 2007)
• EPIC, Concerning the revision and expansion to Privacy Act system of records, the Global Enrollment System(Docket No. DHS-2005-0053) (May 22, 2006)
• EPIC et al., Automated Targeting System Privacy Act System of Records Notice (DHS-2006-0060) (2006)
• EPIC, Regarding the expansion of Registered Traveler Operations Files System of Records (Docket Nos. TSA-2004-19166 and TSA-2004-17982) (Dec. 8, 2005)
• EPIC, Addressing the substantial privacy issues raised by the use of radio frequency identification (RFID) tags in the United States Visitor and Immigrant Status Indicator Technology ("US-VISIT") program and the E-Passport program (Docket No. DHS-2005-0047) (Dec. 6, 2005)
• EPIC, Responding to Request for Comment on United States Visitor and Immigrant Status Indicator Technology Notice on Automatic Identification of Certain Nonimmigrants Exiting the United States at Select Land Border Ports-of-Entry(Docket No. DHS-2005-0011) (Oct. 3, 2005)
• EPIC, Regarding the Privacy Act System of Records Automated Identification Management System(Docket No. DHS-2005-0040) (Aug. 4, 2005)
• EPIC, Concerning the United States Visitor and Immigrant Status Indicator Technology ("US-VISIT") Program(Docket No. DHS-2007-0002) (2004)
• EPIC, Commenting on a Privacy Act System of Records, Arrival Departure Information System (ADIS) (privacy protections for US VISIT)(Docket. No. DHS/ICE-CBP-001) (2004)
• EPIC, Responding to the United States Visitor and Immigrant Status Technology ("US-VISIT") Interim Final Rule and Notice (Docket No. BTS 03-01) (2003)
• EPIC, Concerning the Interim Final Privacy Act Notice Aviation Security Screening Records (Docket No. DHS/TSA-2003-1) (2003)

Comments to the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

• EPIC, Regarding Employment Eligibility Verification (FAR Case 2007-013) (Aug. 11, 2008)

Comments to the Department of Defense (DOD)

• EPIC, On a Proposed Rule Amending the Defense Logistics Agency Freedom of Information Act Program (Docket ID. DOD-2012-OS-0019/RIN 0790-AI87) (Dec. 5, 2012)
• EPIC, Regarding the Defense Industrial Base (DIB) Voluntary Cyber Security and Information Assurance (CS/IA) Activities (DOD-2009-OS-0183/RIN 0790-AI60) (July 10, 2012)
• EPIC et al., Concerning the Joint Advertising and Market Research Recruiting Database (June 21, 2005)

Comments to the Department of the Interior (DOI)

• EPIC, Concerning Proposed Revisions to the Department of the Interior Freedom of Information Act Regulations (RIN 1093-AA15) (Nov. 13, 2012)

Comments to the Department of Justice (DOJ)

• EPIC, Commenting on Proposed DEA Privacy Act Exemptions (CPCLO Order No. 006-2012) (May 18, 2012)
• EPIC, Regarding the Revision of Department of Justice Freedom of Information Act Regulations (Docket ID OAG Docket No. 140) (Oct. 18, 2011)
• EPIC, Regarding a Notice to Establish a Terrorist Screening Records System of Records (AAG/A Order Nos. 005-2005 and 006-2005) (Sept. 6, 2005)
• EPIC, Concerning the Interim Rule with Requests for Comments on the Preservation of Biological Evidence (Docket No. OAG 109, A.G. Order No. 2762-2005) (June 27, 2005)

Comments to the Department of State

• EPIC, On the 60-Day Notice of Proposed Information Collection: DS-5513, Biographical Questionnaire for U.S. Passport, 1405-XXXX (REAL ID) (April 28, 2011)
• EPIC, Regarding the People Access Security Service "PASS"card (Docket No. DOS-2006-0329) (Jan. 8, 2007)

Comments to the Department of Transportation (DOT)

• EPIC, In the Matter of Privacy Act Notice Concerning Aviation Security Screening Records (DOT/TSA 010 - OST-1996-1437)(February 24, 2003)

Comments to the Department of Treasury

• EPIC, In the Matter of FACT Act Biometric Study (File No. R411005) (April 1, 2004)
• EPIC, Concerning Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice (OCC File No. 03-18, BOG File No. OP-1155, OTS File No. 03-35) (Oct. 14, 2003)

Comments to the Education Department

• EPIC, "Study of Promising Features of Teacher Preparation Programs" New System of Records (July 30, 2012)
• EPIC, Responding to a Notice of Proposed Rulemaking amending the Family Educational Rights and Privacy Act of 1974 ("FERPA") (RIN 1880-AA86) (May 23, 2011)

Comments to the Election Assistance Commission

• EPIC, Regarding the 2009 Voluntary Voting System Guidelines Version 1.1 (Sept. 28, 2009)
• EPIC, Concerning Federal General Election Voter Registration Information Collection (Feb. 25, 2005)

Comments to the Federal Aviation Administration

• EPIC, On Unmanned Aircraft System Test Site Program (Docket No. FAA-2013-0061) (Apr. 23, 2013)
• EPIC, Comments on FAA Unmanned Aircraft System Test Sites (Docket No. FAA-2012-0252) (May 8, 2012)

Comments to the Federal Communications Commission (FCC)

• EPIC and Consumer Watchdog, On "Privacy and Security of Information Stored on Mobile Communications Devices" (CC Docket No. 96-115; DA 12-818) (July 13, 2012)
• EPIC, In the Matter of Rules and Regulations Implementing the Truth in Caller ID Act of 2009 (WC Docket No. 11-39) (2011)
• EPIC, In the Matter of ACA International Petition for Expedited Clarification (comments on exempting debt collectors from cell phone privacy rules)(Docket No. 02-278) (May 11, 2006)
• EPIC, In the Matter of Customer Proprietary Information (comments on phone record privacy)(CC Docket No. 96-115)(April 14, 2006)
• EPIC, On Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (comments concerning the implementation of the Junk Fax Prevention Act) (CG Docket No. 05-338)(Jan. 18, 2006)
• EPIC, On Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991(comments in response to a petition for declaratory ruling filed by the Fax Ban Coalition) (Docket Nos. CG 02-278, DA 05-2975) (Jan. 13, 2006)
• EPIC, In the Matter of Communications Assistance for Law Enforcement Act and Broadband Access and Services (comments on internet wiretap authority) (ET Docket No. 04-295) (Nov. 15, 2005)
• EPIC, On Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (preemption of state anti-telemarketing laws) (Docket Nos. CG 02-278, DA 05-1346,DA 05-1347, DA 04-3185, DA 04-3187, DA 04-3835, DA 04-3836, DA 04-3837, DA 05-342) (July 29, 2005)
• EPIC, et al., In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (CG Docket No. 02-278) (Dec. 9, 2002)
• EPIC, In the Matter of Digital Broadcast Copy Protection (broadcast flag mandate) (MB Docket No. 02-230) (Dec. 6, 2002)
• EPIC, In the Matter of Inquiry Concerning High Speed Access to the Internet Over Cable and Other Facilities Proprietary Network Information and Appropriate Regulatory Treatment for Broadband Access to Internet Over Cable Facilities (GN Docket No. 00-185 and CS Docket No. 02-52) (June 18, 2002)
• EPIC, In the Matter of Telecommunications Carriers' Use of Customer Proprietary Network Information (CC Docket Nos. 96-115 and 96-149) (Nov. 16, 2001)
• EPIC, In the Matter of Communications Assistance for Law Enforcement Act (CC Docket No. 97-213) (May 20, 1998)
• EPIC, In the Matter of Communications Assistance for Law Enforcement Act (CALEA) (CC Docket No. 97-213) (Dec. 12, 1997)

Comments to the Federal Trade Commission (FTC)

• EPIC, Regarding FOIA Fee Schedule Rulemaking (Project No. P122102) (Mar. 29, 2013)
• EPIC, In the Matter of Google, Inc. (FTC File No. 121 0120) (Feb. 22, 2013)
• EPIC, In the Matter of Compete, Inc. (FTC File No. 102 3155) (Nov. 19, 2012)
• EPIC, On Rent-to-Own Computer Spying Proposed Settlements (FTC File No. File No. 112 3151) (Oct. 25, 2012)
• EPIC, On the Children's Online Privacy Protection Act Rule Review (Project No. P104503) (Sept. 24, 2012)
• EPIC, In Short: Advertising and Privacy Disclosures in a Digital World (FTC Project No. P114506) (July 11, 2012)
• EPIC, In the Matter of Myspace, LLC (FTC File No. 102 3058) (June 8, 2012)
• EPIC, On Advertising and Privacy Disclosures in a Digital World (May 11, 2012)
• EPIC, On "Face Facts: A Forum on Facial Recognition" (Project Number P115406) (Jan. 31, 2012)
• EPIC, In the Matter of Facebook, Inc. (FTC File No. 092 3184) (Dec. 27, 2011)
• EPIC, On the Children's Online Privacy Protection Act Rule ("COPPA Rule") Review (RIN 3084-AB20) (Dec. 23, 2011)
• EPIC, In the Matter of Google, Inc. (FTC File No. 102 3136) (May 2, 2011)
• EPIC, Regarding the 2010 Children's Online Privacy Protection Act Rule Review (FTC Matter No. P104503) (July 9, 2010)
• EPIC, Regarding a Notice of Proposed Routine Use Permitting Disclosure of FTC Records in Cases of Data Security Breach (FTC. File No. P072104) (April 30, 2007)
• EPIC, Regarding the Email Authentication Summit (Sept. 28, 2004)
• EPIC, In the Matter of CAN-SPAM Act Rulemaking (Do Not E-Mail Registry) (FTC Project No. R411008) (March 31, 2004)
• EPIC, In the Matter of Interagency Proposal to Consider Alternative Forms of Privacy Notices Under the Gramm-Leach-Bliley Act (FTC File No. 034815) (March 29, 2004)
• EPIC, In the Matter of Microsoft Consent Order (FTC File No. 0123240, M03)(Sept. 9, 2002)
• EPIC, In the Matter of Telemarketing Rulemaking (FTC File No. R411001) (April 10, 2001)

Comments to the Food and Drug Administration (FDA)

• EPIC, Regarding Consumer-Directed Promotion of Regulated Medical Products (Docket No. 2005N-0354) (Oct. 11, 2005)

Comments to the Foreign Intelligence Surveillance Court (FISC)

• EPIC, Regarding Proposed Amended FISC Rules (Oct. 4, 2010)

Comments to the Department of Health and Human Services (HHS)

• EPIC, Concerning the National Disaster Medical System (NDMS) Patient Treatment and Tracking Records System (Docket No. HHS-2007-0159) (July 26, 2007)
• EPIC et al., On Human Subjects Research Protections: Enhancing Protections for Research Subjects and Reducing Burden, Delay, and Ambiguity for Investigators (Docket ID No. HHS-OPHS-2011-0005) (Oct. 26, 2011)
• EPIC, On the State Parent Locator Service (Dec. 13, 2005)
• EPIC, On the Control of Communicable Diseases (RIN 0920-AA03) (Jan. 30, 2006)

Comments to the Department of Housing and Urban Development (HUD)

• EPIC, In The Matter of Homeless Management Information Systems (HMIS) Data and Technical Standards Notice(HUD Docket No. FR-4848-N-01) (Sept. 22, 2003)

Comments to the Immigration and Naturalization Service (INS)

• EPIC, On the Manifest Requirements Under Section 231 of the Act (INS No. 2182-01) (Feb. 3, 2003)

Comments to the Internal Revenue Service (IRS)

• EPIC, Regarding Tax Return Information Sharing (E-Filing REG-137243-02)(March 8, 2006)
• EPIC, Concerning a Privacy Act System of Records Proposed Rule exempting Tax Exempt/Government Entities Case Management Records (Jan. 6, 2006)

Comments to the National Highway Traffic Safety Administration (NHTSA)

• EPIC et al., On Federal Motor Vehicle Safety Standards; Event Data Recorders (2014 Mandate) (Docket No. NHTSA-2012-0177/RIN 2121-AK86) (Feb. 11, 2013)
• EPIC, On Standardizing the Data Format of Event Data Recorders (EDRs) in Passenger Vehicles (Docket No. NHTSA-2004-18029) (Aug. 13, 2004)
• EPIC, On the Development and Installation of Event Data Recorders (EDRs) in Motor Vehicles (Docket No. NHTSA-2002-13546) (Feb. 28, 2003)

Comments to the National Institute of Standards and Technology (NIST)

• EPIC, On Developing a Framework to Improve Critical Infrastructure Cybersecurity (Apr. 8, 2013)
• EPIC, Concerning Smart Grid Cyber Security Strategy and Requirements (Docket No. 0909301329-­‐91332-­‐01) (Dec. 1, 2009)
• EPIC, Regarding the NIST Framework and Roadmap for Smart Grid Interoperability Standards Release 1.0 (Nov. 9, 2009)

Comments to the Office of the Director of National Intelligence (ODNI)

• EPIC, Concerning exemption of New Systems of Records from the Privacy Act (May 12, 2010)

Comments to the Presidential Commission for the Study of Bioethical Issues

• EPIC, On Issues of Privacy and Access With Regard to Human Genome Sequence Data (May 29, 2012)

Comments to the Social Security Administration (SSA)

• EPIC, In the Matter of the Social Security Administration’s Proposed Rule Change Regarding A New Routine Use for Social Security Administration (SSA) System Records Entitled, Master Files of the Social Security Number (SSN) Holders and SSN Applications (60-0058) (Sept. 3, 2004)

Comments to the Transportation Security Administration (TSA)

• EPIC, Regarding Biometrics and Airport Access Control Systems (Docket No. TSA-2005-20485) (March 17, 2005)
• EPIC, Regarding a Notice of Emergency Clearance Request Secure Flight Test Records (Docket No. TSA-2004-19160) (2004)
• EPIC, Concerning Secure Flight Test Records (Docket No. TSA-2004-19160) (2004)

Comments filed with State Agencies

Comments to the California Public Utility Commission

• EPIC, Comments on Proposed Policies and Findings Pertaining to the EISA Standard Regarding Smart Grid and Customer Privacy (March 9, 2010)
• EPIC, Comments on Proposed Policies and Findings Pertaining to the EISA Standard Regarding Smart Grid and Customer Privacy (recommendations for Smart Grid Implementations) (April 7, 2010)
• EPIC, Comments on Proposed Decision Adopting Requirements for Smart Grid Deployment Plans Pursuant to Senate Bill 17 (June 10, 2010)

Comments to the Metropolitan Police Department for the District of Columbia

• EPIC, On the Expansion of Closed-Circuit Television Surveillance (June 29, 2006)

Comments to the Washington Metropolitan Area Transit Authority

• EPIC, Concerning comments on Proposed Amendments to the Public Access to Records Policy ("PARP") Proposed Amendments (Feb. 14, 2005)

Comments to the Florida Supreme Court

• EPIC, Regarding Privacy, Access and Court Records / Report and Recommendations of the Committee on Privacy and Court Records (Feb. 28, 2006)

Comments to the Maryland Attorney General Identity Theft Forum

• EPIC, Concerning the Consumer Ability to “Freeze” Individual Credit Reports (Nov. 21, 2005)

Comments to the Administrative Office of Pennsylvania Courts

• EPIC, Comments on Privacy and Access to Court Records (Nov. 9, 2005)

Comments to the Washington Utilities and Transportation Commission

• EPIC, Regarding Telecommunications Carriers’ Use of Consumer Information (Docket No. UT-990146) (July 8, 2002)

Comments to the OASIS XML Common Biometric Format (XCBF) Technical Committee

• EPIC, On OASIS XML Common Biometric Format (XCBF) 1.0 Committee Specification(Feb. 28, 2003)

Comments filed with International Agencies

Comments to the Canadian Radio-television and Telecommunications Commission

• EPIC, On the Proceeding to Establish a National Do-Not-Call List Framework (8665-C12-200601626, 8662-C131-200408543, 8662-F20-200409814, 662-B48-200409228, 8662-A84-200410035) (April 3, 2006)

Comments to the European Commission

• EPIC, On the Public Consultation of the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data on Data Protection Issues related to Intellectual Property Rights (March 31, 2005)

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